Lead researcher of the Rule of Law Project in Europe, Susana Sanz, intervened at the International Conference “The Presence of International Organizations in the Evolution of the International Law of the Sea: Thirty Years Since the Entry Into Force of UNCLOS” at the University of A Coruña, discussing the role of the Council of Europe in maritime law. (Photo: University of A Coruña)
On February 23rd, in A Coruña (Galicia), the International Conference “The Presence of International Organizations in the Evolution of the International Law of the Sea: Thirty Years Since the Entry Into Force of UNCLOS” took place, with teachers and researchers from various European countries, organized by the University of A Coruña. The Lead Researcher of the Research Project on Rule of Law in Europe and Jean Monnet Chair at UCH-CEU Susana Sanz Caballero, participated by giving a talk highlighting the fundamental role of the Council of Europe (COE) in maritime law, especially in humanitarian law. Although maritime affairs may seem beyond its jurisdiction, the COE has broad competencies according to its Statute, with the sole exception of defense. In this sense, the Council of Europe plays an important role in maritime law.
Firstly, Professor Sanz reviewed the history of the Council of Europe regarding maritime law. Since its foundation in 1949, various organs of the COE have addressed maritime law, with significant implications for human rights. Among these organs are the Parliamentary Assembly, the European Court of Human Rights (ECtHR), and other specialized committees. Over time, various concerns have been addressed, from the lack of a universal instrument previous to the United Nations Convention on the Law of the Sea (UNCLOS) to contemporary issues such as pollution, piracy, and the migrant crisis.
Professor Sanz emphasized how the Parliamentary Assembly has shown sensitivity to various maritime law issues over the decades. The Assembly has consistently advocated for the protection of human rights in all circumstances, even at sea. This is particularly evident in the Parliamentary Assembly’s response to piracy off the coast of East Africa: the Assembly consistently advocated for a response that addressed the root causes of piracy and ensured dignified treatment of captured pirates.

In recent years, the focus has shifted to the protection of asylum seekers, migrants, and rescue operations at sea. The Assembly has urged member states to fulfill their legal and moral obligations to save lives at sea, ensuring fair access to asylum and avoiding practices such as border rejections and pullbacks of migrants. Additionally, a coordinated and long-term European response has been called for to address the root causes of migration and improve rescue operations. The Assembly has emphasized the obligation of states to prioritize saving the lives of migrants at all costs and has denounced the use of legislative instruments against smuggling to reject migrants.
In conclusion, Professor Sanz has made clear the position of the Parliamentary Assembly of the COE that human rights are applicable even at sea, and that respect for these rights is fundamental to a solid rule of law. Likewise, the talk provides a clear idea of the role that the Council of Europe plays in developing a human rights framework in maritime contexts.
Check out Universidade da Coruña’s press release (in Galician).